Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Libya (Ratification: 1962)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Part II of the Convention. Progressive abolition of fee-charging employment agencies.  The Committee had previously requested the Government to provide updated information on the national legislation giving effect to Part II of the Convention and to repeal Decision No. 77 of 2002 or amend its provisions to bring it into compliance with Part II of the Convention. The Committee notes the Government’s indication in its report that fee-charging employment agencies conducted with a view to profit have not been established. The employment offices affiliated to the Ministry of Labour and Rehabilitation, which are specified in the Labour Relations Act No. 12 of 2010, are the sole body responsible in this regard. The Government indicates that Chapter 1, section 6 of the Labour Relations Act provides that: “Employment offices may not receive any remuneration from jobseekers for the services that they provide.” It further states that the technical committee responsible for preparing replies established by the Council of Ministers recommended, in the minutes of its eighth meeting, held in 2020, that former General People’s Committee Decision No. 77 of 2002 concerning provisions relating to the placement of job seekers should be repealed. The Committee requests the Government to continue to provide updated information on the national legislation giving effect to Part II of the Convention, as well as on the manner in which the Convention is applied in practice. It also requests the Government to provide information on any developments concerning the repeal of Decision No. 77 of 2002.

The Committee recalls that the Governing Body, at its 273rd Session in November 1998, invited the States parties to the Convention to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181) (document GB.273/LILS/4 (Rev.1)). Such ratification would entail the immediate denunciation of the Convention. Consequently, as long as Convention No. 181 has not been ratified by Libya, the Convention remains in force in the country and the Committee will continue to examine its application. The Committee notes the Government’s indication that the technical committee responsible for preparing replies established by the Council of Ministers recommended that the Government set up a committee to examine the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to provide updated information on the outcome of any consultations with the social partners concerning the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181)

While acknowledging the complexity of the situation prevailing on the ground, the Committee once again trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Government indicates in its report that fee-charging employment agencies conducted with a view to profit do not exist in Libya. It recalls that Decision No. 77 of 2002, which includes provisions on the placement of jobseekers through the establishment of companies and cooperatives, regulates the question of fees, permits, and permit renewal procedures. In its previous comments, the Committee drew the Government’s attention to the fact that the provisions regarding private employment agencies contained in the 2002 Decision do not give effect to the obligations set out in the provisions of the Convention that have been accepted by Libya. In particular, the Committee notes that section 3 of the 2002 Decision provides that companies and cooperatives are allowed to provide, against payment, work opportunities for national and migrant workers. Referring to Decision No. 77 of 2002, the Government indicates that these companies and cooperatives were not created due to the fact that jobseekers prefer to obtain employment services free of charge, from the 85 employment offices situated in the various municipalities. As the Committee noted in its previous comments, Members which have ratified the Convention and which, like Libya, accepted Part II of the Convention, are required to progressively abolish fee-charging employment agencies conducted with a view to profit. The Committee requests the Government to continue to provide updated information on the national legislation giving effect to Part II of the Convention, as well as on the manner in which the Convention is applied in practice. It also requests the Government to repeal Decision No. 77 of 2002 or amend its provisions to bring it into compliance with Part II of the Convention.

Revision of Convention No. 96. The Committee recalls that the Governing Body, at its 273rd Session in November 1998, invited the States parties to the Convention to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181) (document GB.273/LILS/4 (Rev.1)). Such ratification would entail the immediate denunciation of the Convention. Consequently, as long as Convention No. 181 has not been ratified by Libya, the Convention remains in force in the country and the Committee will continue to examine its application. The Committee therefore invites the Government to provide information on any developments which may occur in this regard in consultation with the social partners.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Government indicates in its report that fee-charging employment agencies conducted with a view to profit do not exist in Libya. It recalls that Decision No. 77 of 2002, which includes provisions on the placement of jobseekers through the establishment of companies and cooperatives, regulates the question of fees, permits, and permit renewal procedures. In its previous comments, the Committee drew the Government’s attention to the fact that the provisions regarding private employment agencies contained in the 2002 Decision do not give effect to the obligations set out in the provisions of the Convention that have been accepted by Libya. In particular, the Committee notes that section 3 of the 2002 Decision provides that companies and cooperatives are allowed to provide, against payment, work opportunities for national and migrant workers. Referring to Decision No. 77 of 2002, the Government indicates that these companies and cooperatives were not created due to the fact that jobseekers prefer to obtain employment services free of charge, from the 85 employment offices situated in the various municipalities. As the Committee noted in its previous comments, Members which have ratified the Convention and which, like Libya, accepted Part II of the Convention, are required to progressively abolish fee-charging employment agencies conducted with a view to profit. The Committee requests the Government to continue to provide updated information on the national legislation giving effect to Part II of the Convention, as well as on the manner in which the Convention is applied in practice. It also requests the Government to repeal Decision No. 77 of 2002 or amend its provisions to bring it into compliance with Part II of the Convention.

Revision of Convention No. 96. The Committee recalls that the Governing Body, at its 273rd Session in November 1998, invited the States parties to the Convention to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181) (document GB.273/LILS/4 (Rev.1)). Such ratification would entail the immediate denunciation of the Convention. Consequently, as long as Convention No. 181 has not been ratified by Libya, the Convention remains in force in the country and the Committee will continue to examine its application. The Committee therefore invites the Government to provide information on any developments which may occur in this regard in consultation with the social partners.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee notes the detailed report provided by the Government in September 2007 recalling that section 12 of the Labour Code prohibits any person from charging fees for having placed an unemployed person or for having facilitated him acquiring a job in any type of work. The Committee also notes Decision No. 77 of 2002, of the Secretariat of the General Popular Committee, appended to the Government’s report, concerning provisions on the placement of jobseekers. Section 4 of the 2002 Decision states that companies and associations concerned with jobseekers shall be allowed to provide, against payment, work opportunities for national and migrant workers. The Government also indicates that national workers have not frequented such companies because there are employment offices attached to the General People’s Committee for Manpower which are free of charge. The Committee recalls that Members which ratify Convention No. 96 and which, like the Libyan Arab Jamahiriya, accept Part II of the Convention, undertake to abolish fee‑charging employment agencies conducted with a view to profit. It recalls that the Libyan Arab Jamahiriya ratified Convention No. 96 on 20 June 1962 and is therefore under an obligation to abolish fee-charging employment agencies conducted with a view to profit. The Committee accordingly draws the Government’s attention to the fact that the provisions regarding private employment agencies contained in Decision No. 77 of 2002, do not give effect to the obligations set out in the Parts of Convention No. 96 that have been accepted by the Libyan Arab Jamahiriya.

Revision of Convention No. 96 and protection of migrant workers. The Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration has been published by the ILO which includes non-binding principles and guidelines for a rights-based approach to labour migration. In particular, it provides for the licensing and supervision of placement services for migrant workers in accordance with the Private Employment Agencies Convention, 1997 (No. 181), and its Recommendation No. 188. Convention No. 181 recognizes the role played by private employment agencies in the functioning of the labour market. The ILO Governing Body invited the State parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments which, in consultation with the social partners, might occur to ensure the full application of the relevant international labour standards for the placement and recruitment of workers abroad (Article 5(2)(d) of Convention No. 96).

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Part II. Progressive abolition of fee-charging employment agencies. The Committee notes the detailed report provided by the Government in September 2007 recalling that section 12 of the Labour Code prohibits any person from charging fees for having placed an unemployed person or for having facilitated him acquiring a job in any type of work. The Committee also notes Decision No. 77 of 2002, of the Secretariat of the General Popular Committee, appended to the Government’s report, concerning provisions on the placement of jobseekers. Section 4 of the 2002 Decision states that companies and associations concerned with jobseekers shall be allowed to provide, against payment, work opportunities for national and migrant workers. The Government also indicates that national workers have not frequented such companies because there are employment offices attached to the General People’s Committee for Manpower which are free of charge. The Committee recalls that Members which ratify Convention No. 96 and which, like the Libyan Arab Jamahiriya, accept Part II of the Convention, undertake to abolish fee-charging employment agencies conducted with a view to profit. It recalls that the Libyan Arab Jamahiriya ratified Convention No. 96 on 20 June 1962 and is therefore under an obligation to abolish fee-charging employment agencies conducted with a view to profit. The Committee accordingly draws the Government’s attention to the fact that the provisions regarding private employment agencies contained in Decision No. 77 of 2002, do not give effect to the obligations set out in the Parts of Convention No. 96 that have been accepted by the Libyan Arab Jamahiriya.

Revision of Convention No. 96 and protection of migrant workers. The Committee recalls that, in March 2006, a Multilateral Framework on Labour Migration has been published by the ILO which includes non-binding principles and guidelines for a rights-based approach to labour migration. In particular, it provides for the licensing and supervision of placement services for migrant workers in accordance with the Private Employment Agencies Convention, 1997 (No. 181), and its Recommendation No. 188. Convention No. 181 recognizes the role played by private employment agencies in the functioning of the labour market. The ILO Governing Body invited the State parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments which, in consultation with the social partners, might occur to ensure the full application of the relevant international labour standards for the placement and recruitment of workers abroad (Article 5, paragraph 2(d), of Convention No. 96).

[The Government is asked to reply in detail to the present comments in 2009.]